Birth certificate for child born out of live in relation

@ Author


Donot do anything till another three years and fast track your current marital mess and then seek Birth Certificate by paying small fine as per Rules.
Reasoning:
Your this child will not actually use a Birth Certificate till he is 3-1/2 years old as per pre-school admission issues which will come up then and not now. Birth and Death Act says one should get within 30 days notified of Birth and or Death and it also says it could be done upto 1 year but by paying a fine. So why hurry to know all Law in one sitting !


I somehow cannot give you an advocates dharma as in a open reply or via PM on this issue other than above and I subscribe to Irene's dig of old archives as knowledge sharing. Yours is interesting query no doubt about it, though I know exact answer but for the time being above will do, said it as part of social reformation over advoates dharma in internet legal forums which are for free knowledge sharing by us with general public.
Reasoning:
I donot turn away a self-confessing rapist from my chambers though he confesses to his crime in my chambers whereas what my dharma tells me is to defend him.


I close my further replies in this thread and leave the thread open for others to express their views (if any).


ta ra rum pum pum..........

Thanks Tajob Sir.I really appreciate the way in which you have answered to my queries and I am very much thankful to you.

I understand the limitations and restrictions while dicussing this type of sensitive family matters publically at this forum. All professions are governed by some ethics and we can not go beyond that. Keeping these things in mind I do not want you to bother on this further. Thanks again, Sir

To All other Experts,

Suggestion given by Tajob Sir is a good one for the time being and utilizing this time the current matrimonial discord clearance can be tried.But say if the situation does not change even after 3.5 Years or so then I think the task of getting the Birth Certificate would become more difficult after that. As after passing of 3 + years since the birth of child the rules says that Parents at that time have to furnish lot many affidavits for their claims such as

1)  There marriage certificate and if not then the joint affidavit for that.
2) Affidavit for reason for delay in Birth Registration
3) Affidavits from witnesses of the Birth.

And above all I think this Birth Registration process at the time of birth of child can not be denied or delayed as it has become the duty of the Hospital it self to go for this.

Your further suggestions and comments would be highly appreciated.

On breaking my own code of not writing more than 3 replies to particular thread post I could not resist including in this mature discussion below hottest news of today (28/05/2012) and deadline for Mr. ND Tiwari given by SC is till tomorrow (29/05/2012) so all old Congressman’s are watching with heavy breadth what this octogenarian will do in less than few hours from now to beat Hon'ble SC and can No. 10 janpath read with Hon'ble SC do nothing about it J  

"The man who claims to be Congress leader N. D. Tiwari's biological son, Rohit Shekhar, and his mother Ujjwala Sharma gave their blood samples for a DNA test in the Delhi High Court on Saturday.

This comes after the Supreme Court ordered Tiwari to provide his blood sample to end a long-dragging paternity suit.

A doctor and nurse took the blood samples from Rohit (32) and his mother in the chamber of the joint registrar Deepak Garg in the presence of Tiwari's counsel. These will be sent to the Centre for DNA Fingerprinting and Diagnostics in Hyderabad.

Earlier, the high court had asked 86-year-old Tiwari to submit his blood sample before it. But the Supreme Court modified that order. The Congress leader would give his sample at his house in Dehradun on May 29.

The apex court's order says Tiwari's sample would be taken in the presence of a surgeon of a government hospital, a pathologist and the district judge of Dehradun. The pathologist would then ensure that it is sent to the Hyderabad laboratory."

Source:

https://indiatoday.intoday.in/story/n.d.-tiwari-paternity-row-rohit-shekhar-ujjwala-sharma-dna-test/1/197793.html

That is why in lot many other live-in relationship discussions in LCI I for one always insisted never produce a child (which means never leave DNA fingerprint) during live-in relationships.

Regarding your last reply sub point 1 till 3 my office assures you that in under 3 years we will have review of current ART Law vis-à-vis single mother in relationship to Registration of Birth of child born to single mother(s) dispensing need for mentioning co-partner name by way of Declaration as that part we were forced to omit to get India’s first ART / Surrogacy Bill tabeled and anyhow women lobby before us did not agree that in India there could be single mothers producing child away from help of IVF and they kept clouding the Law Commission Committees debates refereeing to Sushmita Sen, Nina Gupta and other P3 celebrities cases who in my fact finding had gone for adoption as per Rules and not went via ART / Surrogacy route. 

In nutshell we will cross the bridge when we come to it ........ anyhow Madhya Pradesh State has the poorest record of just 38.1% Registration of live Births and this is a case of leaving DNA fingerprinting so let us wait for next 3 years for further development and meanwhile get over with heavy burden of current marital mess that is writ live all over.

Thanks Tajob Sir, This review of ART law would definitely be helpful. This type of revisions are need of time.

From the replies, I think I almost got answer to my query. In this type of cases all things are some what dicey . And I know that every action in this world involves risk,extent may be different.

And also the view of Courts in the matrimonial disputes is not standard and rigid and it varies from case to case.
 
Also Kaizen's theory says like " More risk more profit but extreme risk no profit " so risk should always be moderate.

In my view level of risk in this query is moderate,But may be to extreme in the eyes of Law.

Hi Experts

I would appreciate more suggestions, views and comments on the query posted in this thread.